10.2 Internal Investigations Flashcards
Progressive discipline consists of what actions?
1) Preventative Actions
2) Corrective Actions
3) Adverse Actions
Investigations of allegations shall be done in a ________, _________ and ________ manner.
Thorough, objective and timely
Rights of Departmental personnel are outlined where?
Public Safety Officers Procedural Bill of Rights (POBR)
Government Code section 3300
When alleged misconduct is discovered, supervisors and managers have how long to notify the next level in chain of command?
As soon as PRACTICAL or IMMEDIATELY for allegations egregious in nature.
Identify the four possible conclusions to an administrative investigation
1) Adverse action
2) Rejection during probation
3) Miscellaneous investigation
4) Non-punitive separation
Identify the elements of a non-punitive termination
Actions resulting in involuntary separation, but not as a byproduct of a disciplinary measure.
i.e. Absence without leave, failure to meet minimum qualifications and medical disqualification
An office technician is arrested for being drunk in public on vacation in Florida. Is he/she subject to being investigated for an allegation of misconduct?
NO.
Due to the fact that all criminal acts by non-uniformed employees must rise to the level of a felony or a crime of moral turpitude.
An off-duty, ‘known’ uniformed employee hurls racial slurs at individuals in his neighborhood. Is he subject to being investigated for allegations of misconduct?
YES.
Because the misconduct is of a nature that it could bring discredit to the Department.
A written admonishment advising an employee that misconduct for which they are being counseled may be charged in a future adverse action…
Bazemore
Document on which the Bazemore admonishin SHALL be written…
Memorandum of Direction (MOD)
An official inquiry, utilizing departmental investigative resources into alleged misconduct by departmental employees…
Internal Investigation
True or False
All administrative interrogations shall be audio recorded
TRUE
Can a Memorandum of Correction contain the Bazemore admonition?
Yes
It should not, but CAN appear at commander’s discretion.
A disciplinary legal action taken in response to an employee’s misconduct or continued failure to meet the rules of conduct established by law and/or departmental policy…
Adverse Action
True or False
The assigned primary investigator shall be at least one rank higher than the highest ranking involved employee.
TRUE.
HOWEVER, the Division Commander or appropriate Assistant Commissioner can designate investigators that do not fit this criteria.